Tough drunken driving laws could end

A little “quirky” persistence by a retired police officer from Chesterfield Township paid off when he alerted his state representative that the widely hailed tough drunken driving standards in Michigan are set to expire in October.

This 10-year “sunset” provision was essentially overlooked by lawmakers and could have quietly taken effect if not for the efforts of Richard Udman. The former Westland cop said he has been trying to prove for years that state laws do not require motorists to use turn signals.

“This is a quirk that I have,” he said with a laugh.

When reviewing updates in state traffic laws last year, he stumbled upon the language in statute that says the 2003 Michigan standard for Operating Under the Influence of Liquor, or OUIL, will return to the more lenient threshold of a 0.10 blood-alcohol level in October.

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He called Mothers Against Drunk Driving to alert them and was brushed aside. He called his state representative, Andrea LaFontaine, and was pleased when her staff researched the issue and found that Udman was correct.

LaFontaine, a Columbus Township Republican who represents New Baltimore and Chesterfield Township, responded by introducing a bill to maintain the life-saving 0.08 blood-alcohol level. But the bill went nowhere.

Finally, a House committee last week passed the bill and sent it to the House floor for approval.

“It’s not a controversial bill at all. There’s no reason to delay it,” LaFontaine said. “I have heard nothing but support for this.”

According to the National Highway Traffic Safety Administration, the risk of a driver being involved in a single-vehicle crash is at least 11 times greater with a blood-alcohol level between .08 and .10 than with a level of zero.

Since Michigan’s 0.08 standard went into effect, the number of fatal alcohol-related fatal crashes fell from 384 a year to 261. The drop in overall crashes involving alcohol was even more dramatic.

An analysis of LaFontaine’s bill prepared for lawmakers said: “Even though small amounts of alcohol can affect a person’s ability to drive, studies show that effects on muscle coordination, judgment, reasoning, and ability to detect danger begin to be exhibited at … 0.08.”

LaFontaine has called maintenance of the current law a “no-brainer” and support has been coming in from all corners.

Those endorsing the bill now include MADD, the Michigan Association of Chiefs of Police, the Michigan Department of Transportation, the Prosecuting Attorneys Association of Michigan, state Attorney General Bill Schuette, and Secretary of State Ruth Johnson.

The 0.08 limit was successfully pushed by the federal government, with all 50 states eventually adopting it while facing the prospect of losing millions of dollars in highway funding if they refused. If LaFontaine’s bill fails, beginning in October Michigan would lose $50 million.

The lawmaker’s staff found that the reason a 10-year sunset was placed into the previous legislation was largely due to legislators who were offended by Washington’s “strong armed” tactics.